[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Elmwood Park in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled an Act Concerning Alcoholic Beverages, comprising
Chapter 436 of the Laws of 1933, its supplements and amendments, and
also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[1969 Code § 8-5]
All licenses required by this chapter shall be issued by the
Mayor and Borough Council, which shall also administer the provisions
of this chapter. Licenses shall be for one year commencing July 1
and expiring June 30.
[1969 Code § 8-5]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[1969 Code § 8-39; Ord. No. 81-5; Ord. No. 82-6; Ord. No. 90-17 § 1; Ord. No. 95-4; Ord. No. 97-8 § 1; Ord. No. 00-20 § 1]
The annual fee of licenses for the sale or distribution of alcoholic
beverages in the Borough shall be as follows:
|
Class of License
|
Annual License
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$1,200
|
17
|
|
Plenary Retail Distribution License
|
$600
|
2
|
|
Club License
|
$150
|
Not limited
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[1969 Code § 8-40; Ord. No. 67-16]
a.
The granting of one new plenary retail consumption license to a person
or corporation operating a hotel or motel containing at least 50 sleeping
rooms is permitted, provided, however, that there shall be no renewal
of the new license authorized to be issued by this chapter, except
to the immediate recipient of same, so long as the requirement of
a minimum of 50 sleeping rooms is continuously maintained and there
shall be no transfer permitted of the new license issued pursuant
to this chapter.
b.
This amendment specifically does not increase the number of plenary
retail consumption licenses permitted in the Borough by more than
one.
[New]
Club licenses may be issued only to such corporations, associations
and organization as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic, or similar purposes, and
not for private gain, and which comply with all conditions which may
be imposed by the Director of Alcoholic Beverage Control by rules
and regulations. Such licensees shall be entitled to sell any alcoholic
beverages but only for immediate consumption on the licensed premises
and only to bona fide club members and their guests. Sales of alcoholic
beverages shall be restricted to the bar room area specified in the
license application.
[1969 Code § 8-1A; Ord. No. 81-5; Ord. No. 06-2]
No alcoholic beverages shall be sold, delivered or served in
any licensed premises on any day between the hours of 2:00 a.m. and
9:00 a.m. except New Year's Day each year as hereinafter provided.
[1969 Code § 8-1A; Ord. No. 81-5; Ord. No. 06-2]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served or delivered in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[1969 Code § 8-1A]
Provisions of subsection 6-4.1 shall not apply on December 25 and January 1. On those days if they are weekdays, alcoholic beverages may not be sold or delivered in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. If December 25 or January 1 is a Sunday, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 11:00 a.m.
[1969 Code § 8-1B, C; Ord. No.
81-5; Ord. No. 91-17 § 1]
No licensee shall sell or deliver, or allow, permit, or suffer
the sale or delivery of any alcoholic beverage at retail in its original
container for consumption off the licensed premises or allow, permit
or suffer the removal of any alcoholic beverage in its original container
from retail licensed premises on any day of the week including Saturday
and Sunday before 9:00 a.m. or after 10:00 p.m.
[Ord. No. 89-7 § 1; Ord. No. 96-9]
All plenary retail distribution licenses in the Borough shall
be permitted to sell distilled spirits on a Sunday for off-premise
consumption.
[New]
The times above set forth shall be Eastern Standard Time except
when Daylight Saving Time is in effect, when the times shall be Daylight
Saving Time.
[1969 Code § 8-24]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or minor, or permit the consumption of alcoholic beverages
on any licensed premises by any of the above named classes of persons,
or permit any such persons to congregate in or about the licensed
premises.
[New]
During the hours sales of alcoholic beverages are prohibited,
the entire premises for which either a plenary retail consumption
or plenary retail distribution license shall have been granted shall
also be closed except hotels, clubs, restaurants and delicatessen
and grocery stores, in which cases the premises may be kept open during
the hours in which alcoholic beverage sales are prohibited.
[Added 6-15-2023 by Ord. No. 23-19]
a.
When any license issued by the issuing authority, is presented to
the agent of the municipal authority for the purpose of inactivation
and or retiring from use, referred to as "Pocketing," the party owning
said licenses shall certify that the premises where said license was
used in no longer active and no alcoholic beverages are present on
said premises and further that the activity of selling said alcoholic
beverages, distributing or consumption of same is no longer practiced
and that such activity is no longer pursued.
b.
The agent of the Municipal authority shall at such time of accepting
the license for inactivation or retiring, referred to as "pocketing,"
shall forthwith contact the responsible assigned agent in the Police
Department and advise and make that person aware of the inactivation
or retiring referred to as "pocketing."
c.
The assigned agent of the Police Department vested with the investigative
role of investigating all issuances of alcoholic beverage licenses,
the duty to investigate and ensure that the premises where the license
was used no longer sells, distributes, or serves Alcoholic beverages
in any form.
d.
Any violation of consumption, distribution, sale, or service of alcoholic
beverage where a license was inactivated and or retired "Pocketed"
shall be a violation of the license and will subject the owner of
said license to fines and suspensions and or revocation of said license
in violation to the laws of the state of New Jersey and local municipal
ordinance.
[1969 Code § 8-10]
As used in this section:
Shall mean any duly recognized house of worship which qualifies
for exemption from taxation.
Shall mean the Mayor and Borough Council.
Shall mean all plenary retail consumption licenses, plenary
retail distribution licenses, club licenses and plenary retail consumption
licenses issued to restaurants.
Shall mean any premises licensed for the sale of alcoholic
beverages.
Shall mean all schools conducted by a duly recognized church
or society, not for pecuniary profit.
Shall mean all areas owned by the Borough and designated
by proper action of the Borough Council as an area or building for
the recreation of the children of the community.
Shall mean all buildings operated by the Board of Education
of the Borough and attended by children.
[1969 Code § 8-11]
No license for the sale of alcoholic beverages shall be granted,
issued or transferred to any premises which are situated within 500
feet of any other licensed premises.
[1969 Code § 8-12]
No licenses for the sale of alcoholic beverages shall be granted,
issued or transferred to any premises which are situated within 500
feet of any church, public or private school, public playground and
recreation area or building.
[1969 Code § 8-13]
The distance requirement from licensed premises as contained in subsection 6-5.2 shall be computed in a straight line from the main entrance of the premises sought to be licensed to the main entrance of existing licensed premises, without regard to the manner that a person would walk from one such entrance to the other. The distance requirements from churches, schools, public playgrounds and recreation areas and buildings, as contained in subsection 6-5.3, shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of such church, school or public recreation building, or the nearest property line of such public playground or recreation area to the nearest entrance to the premises sought to be licensed.
[1969 Code § 8-14]
a.
The distance requirement from licensed premises contained in subsection 6-5.2 may be waived by the Borough Council upon application by any licensee holding a license for the sale of alcoholic beverages, for a place-to-place transfer of such license, after public hearing on such application. Notice of such public hearing shall be published in the same manner and as part of and at the same time as the application for such place-to-place transfer is required to be published. If, after due consideration and deliberation, the Borough Council, by majority vote of the members constituting a quorum at the meeting at which the application is voted upon, shall make a finding of fact in writing and determination that, in its judgment, strict application of such distance requirement would constitute an unwarranted hardship in the particular case, such distance requirement may be waived by appropriate resolution of the Borough Council. In making such finding and determination, the Borough Council shall give consideration to such factors as the following:
1.
Condemnation by public agency or authority of the licensed premises
from which a place-to-place transfer of such license to sell alcoholic
beverage is sought.
2.
Total destruction of such licensed premises by fire or other catastrophe
beyond the control of the licensee, where restoration is impossible
or impracticable.
3.
Proof of refusal by the owner of the licensed premises to renew the
lease for such premises to the licensee.
4.
Proof of an excessive, unreasonable or unconscionable increase in
the rental of such licensed premises.
5.
Proof of such other facts or circumstances as, in the judgment and
candor of the Borough Council, constitute a sufficient hardship to
warrant such waiver of the distance requirement.
6.
Mere economic hardship or convenience to the licensee, or the desirability
to the licensee of a place-to-place transfer between two places in
common ownership or like business, shall not constitute sufficient
reason for such a waiver.
b.
In each such instance where the Borough Council makes a finding and
determination to waive the aforesaid distance requirement, it shall
specially find that such waiver shall not be detrimental to the health,
safety, morals and general welfare of the community, and under no
circumstance shall any license for the sale of alcoholic beverages
to be transferred to any premises which are less than 100 feet from
other licensed premises.
c.
The distance requirement of this section from churches, schools, public playgrounds and recreation areas and buildings, contained in subsection 6-5.3, may be waived at the issuance of the license and at each renewal thereafter by the Borough Council, on authority and consent of such church, school, Board of Education or the Borough Council, such waiver to be effective until the date of the next renewal of the license, subject to and all in accordance with N.J.S.A. 33:1-76 and 33:1-76.1.
[1969 Code § 8-15]
Except as provided in subsection 6-5.5a6, the distance requirements of this section shall not apply to the renewal of person-to-person transfers of any license.
[1969 Code § 8-16]
Every application for any license under this chapter and every
license granted under this chapter shall state, in addition to such
other information as may be required, the full name of the licensee
and the accurate description and the exact location of the premises
upon which the licensee proposes to carry on business thereunder.
[1969 Code § 8-17]
No more than one plenary retail consumption license shall be
granted to one person.
[1969 Code § 8-18]
The holder of a plenary retail consumption license under this
chapter shall actually be in charge of the management and direction
of the business conducted under such license, and all purchases for
the business carried on under such license shall be made in the name
of the licensee.
[1969 Code § 8-19]
All premises in which alcoholic beverages are sold, distributed
or dispensed shall be lighted sufficiently at all times and be so
arranged that a full view of the interior may be had from the public
thoroughfare or from the entrance through which the public is admitted,
or from the ground outside of and immediately adjoining the premises,
to which free and open access may be had at any time by any person
desiring the same. There shall be no obstruction to such view higher
than 4 1/2 feet above the sidewalk level, or the level of the
approach immediately adjacent to any entrance through which the public
is admitted or the level of the ground outside of and immediately
adjoining the premises. The room containing the open bar shall have
a floor space of not less than 400 square feet.
[1969 Code § 8-20]
No alcoholic beverages shall be sold for consumption on the
premises in any room to which the public is not freely admitted.
[1969 Code § 8-22]
Advertisements, announcements or events of the character of
"all the beer you can drink for $1" or of similar character are prohibited.
[1969 Code § 8-23]
Neither the licensee under a plenary retail consumption license,
nor any of his servants, agents or employees, shall sell, distribute
or dispense any alcoholic beverages to any customer on credit.
[1969 Code § 8-25]
All premises upon which alcoholic beverages are sold under a
retail plenary consumption license shall be furnished, supplied or
equipped with separate toilets for men and women, which shall meet
with the approval of the Sanitary Inspector.
[1969 Code § 8-29; Ord. No. 98-11 § 1]
No licensee shall engage in or shall allow, permit or suffer
any male or female person employed to perform dancing or other entertainment
in or upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious, lascivious or improper
manner.
[1969 Code § 8-30; Ord. No. 98-11 § 1]
No licensee shall engage in or shall allow, permit or suffer
any male or female person to appear on the premises of any establishment
licensed for the sale and distribution of alcoholic beverages in any
act, scene, sketch or other form of entertainment, including dancing
for the benefit of patrons, with either or both breasts or the lower
part of the torso uncovered or so thinly covered or draped so as to
appear uncovered.
[1969 Code § 8-31]
No licensee shall employ, allow, permit or suffer any waitress
or any other person who comes in contact with or is likely to be in
the presence of the patrons of any establishment licensed for the
sale and distribution of alcoholic beverages to appear in the presence
of such patrons with either or both breasts, or the lower part of
the torso uncovered or so thinly covered or draped so as to appear
uncovered.
[1969 Code § 8-32]
No licensee shall engage, employ, allow, permit or use male
or female entertainers under the age of 21 years.
[1969 Code § 8-33; Ord. No. 98-11 § 1]
No licensee shall employ, allow, permit or suffer in and upon
the licensed premises any male or female performers to perform for
hire, and for the entertainment of patrons, any dance, ballet, acrobatics
or public performances of any kind, in which body movement constitutes
the principal or integral part of such performance; provided, however,
that nothing herein shall prevent a licensee from employing, allowing,
permitting or suffering male or female persons playing musical instruments,
as a member of a band, orchestra or musical group, or performing as
a singer accompanied by a band, orchestra or musical group, and provided
further that nothing in this section shall be construed as permitting
any conduct which would otherwise be a violation of any other section
of this chapter.
[New]
Any license issued under this chapter may be suspended or revoked
by the Mayor and Borough Council for the violation of any of the provisions
of this chapter or the violation of any provisions of N.J.S.A. 33:1-1
to 33:1-96, and the rules and regulations of the State Director of
Alcoholic Beverage Control.
Proceedings for the suspension or revocation of a license shall
be in accordance with the provisions of the Statutes cited by service
of a five day notice of charges preferred against the licensee. The
licensee shall be afforded a reasonable opportunity for a hearing.
Suspension or revocation shall carry the penalties and prohibitions
provided for in the Statutes cited and shall be in addition to any
of the penalties imposed for the violation of this chapter.
[New]
No licensee shall sell, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the legal age.
[New]
It shall be unlawful for a person under the legal age to enter
any premises licensed for the retail sale of alcoholic beverages for
the purpose of purchasing, or having served or delivered to him or
her, any alcoholic beverage.
[New]
It shall be unlawful for a person under the legal age to consume
any alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages, or to purchase, attempt to purchase or have another
purchase for him or her any alcoholic beverage.
[New]
It shall be unlawful for a person to misrepresent or misstate
his or her age or the age of any other person for the purpose of inducing
any retail licensee to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[New]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof and in accordance with N.J.S.A. 33:1-81, shall be punished
by a fine of not less than $500. In addition, the Court shall suspend
the person's license to operate a motor vehicle for six months or
prohibit the person from obtaining a license to operate a motor vehicle
in this State for six months beginning on the date he becomes eligible
to obtain a license or on the date of conviction, whichever is later.
In addition to the general penalty prescribed for an offense, the
Court may require any person under the legal age to purchase alcoholic
beverages who violates this act to participate in an alcohol education
or treatment program authorized by the Department of Health for a
period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
(N.J.S.A. 33:1-8)
